The opinion of the court was delivered by: William M. Skretny Chief Judge United States District Court
1. Plaintiff, Judith R. Styslowsky, challenges an Administrative Law Judge's ("ALJ") determination that she is not disabled within the meaning of the Social Security Act ("the Act"). Styslowsky alleges that she has been disabled due to low-back and migraine-related problems since April 2, 2003. Styslowsky contends that her impairments render her unable to work. She therefore asserts that she is entitled to disability insurance benefits ("benefits") under the Act.
2. This case has a long, somewhat tortuous procedural history. Styslowsky first filed an application for benefits under Titles II and XVIII of the Act on April 26, 2004. The Commissioner of Social Security ("Commissioner") denied that application, and as result, she requested and received an administrative hearing, which was held before ALJ George Yatron on November 10, 2005. He found Styslowsky not disabled. However, on June 2, 2006, the Appeals Council ("Council") granted Styslowsky's request for review and remanded the case for further proceedings. A second administrative hearing was then held on November 19, 2007, this time before ALJ Marilyn D. Zahm, who also found Styslowsky not disabled. But once again, the Council reviewed and remanded the case.
In the meantime, Styslowsky filed a second application for benefits, which was granted by the state agency on June 30, 2008. Yet that decision was also overturned by the Council, at which time the Council consolidated the two claims and remanded them both to ALJ Zahm. A third hearing was held on April 27, 2009 and ALJ Zahm thereafter issued a decision on September 22, 2009 that once again found that Styslowsky was not disabled. This time the Council denied her request for review, prompting Styslowsky to file the current civil action on November 30, 2010, challenging Defendant's final decision.*fn1
3. On May 5, 2011, the Commissioner filed a motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. (Docket No. 4.) Styslowsky followed suit by filing her own motion for judgment on the pleadings the next month on June 17, 2011. (Docket No. 7.) Briefing on the motions concluded on July 5, 2011, and this Court took the motions under advisement without oral argument. For the reasons set forth below, the Commissioner's motion is granted and Styslowsky's motion is denied.
4. A court reviewing a denial of disability benefits may not determine de novo whether an individual is disabled. See 42 U.S.C. §§ 405(g), 1383(c)(3); Wagner v. Sec'y of Health & Human Servs., 906 F.2d 856, 860 (2d Cir. 1990). Rather, the Commissioner's determination will be reversed only if it is not supported by substantial evidence or there has been a legal error. See Grey v. Heckler, 721 F.2d 41, 46 (2d Cir. 1983); Marcus v. Califano, 615 F.2d 23, 27 (2d Cir. 1979). Substantial evidence is that which amounts to "more than a mere scintilla"; it has been defined as "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S. Ct. 1420, 1427, 28 L. Ed. 2d 842 (1971). Where evidence is deemed susceptible to more than one rational interpretation, the Commissioner's conclusion must be upheld. See Rutherford v. Schweiker, 685 F.2d 60, 62 (2d Cir. 1982).
5. "To determine on appeal whether the ALJ's findings are supported by substantial evidence, a reviewing court considers the whole record, examining the evidence from both sides, because an analysis of the substantiality of the evidence must also include that which detracts from its weight." Williams on Behalf of Williams v. Bowen, 859 F.2d 255, 258 (2d Cir. 1988). If supported by substantial evidence, the Commissioner's finding must be sustained "even where substantial evidence may support the plaintiff's position and despite that the court's independent analysis of the evidence may differ from the [Commissioner's]." Rosado v. Sullivan, 805 F. Supp. 147, 153 (S.D.N.Y. 1992). In other words, this Court must afford the Commissioner's determination considerable deference, and may not substitute "its own judgment for that of the [Commissioner], even if it might justifiably have reached a different result upon a de novo review." Valente v. Sec'y of Health & Human Servs., 733 F.2d 1037, 1041 (2d Cir. 1984).
6. The Commissioner has established a five-step sequential evaluation process to determine whether an individual is disabled as defined under the Social Security Act. See 20 C.F.R. §§ 404.1520, 416.920. The United States Supreme Court recognized the validity of this analysis in Bowen v. Yuckert, 482 U.S. 137, 140-142, 107 S. Ct. 2287, 2291, 96 L. Ed. 2d 119 (1987), and it remains the proper approach for analyzing whether a claimant is disabled.
7. This five-step process is detailed below: First, the [Commissioner] considers whether the claimant is currently engaged in substantial gainful activity. If he is not, the [Commissioner] next considers whether the claimant has a "severe impairment" which significantly limits his physical or mental ability to do basic work activities. If the claimant suffers such an impairment, the third inquiry is whether, based solely on medical evidence, the claimant has an impairment which is listed in Appendix 1 of the regulations. If the claimant has such an impairment, the [Commissioner] will consider him disabled without considering vocational factors such as age, education, and work experience; the [Commissioner] presumes that a claimant who is afflicted with a "listed" impairment is unable to perform substantial gainful activity. Assuming the claimant does not have a listed impairment, the fourth inquiry is whether, despite the claimant's severe impairment, he has the residual functional capacity to perform his past work. Finally, if the claimant is unable to perform his past work, the [Commissioner] then determines whether there is other work which the claimant could perform. Berry v. Schweiker, 675 F.2d 464, 467 (2d Cir. 1982) (per curiam); see also Rosa v. Callahan, 168 F.3d 72, 77 (2d Cir. 1999); 20 C.F.R. § 404.1520.
8. Although the claimant has the burden of proof as to the first four steps, the Commissioner has the burden of proof on the fifth and final step. See Bowen, 482 U.S. at 146 n. 5; Ferraris v. Heckler, 728 F.2d 582, 584 (2d Cir. 1984). The final step of this inquiry is, in turn, divided into two parts. First, the Commissioner must assess the claimant's job qualifications by considering his physical ability, age, education, and work experience. Second, the Commissioner must determine whether jobs exist in the national economy that a person having the claimant's qualifications could perform. See 42 U.S.C. § 423(d)(2)(A); 20 C.F.R. § 404.1520(f); Heckler v. Campbell, 461 U.S. 458, 460, 103 S. Ct. 1952, 1954, 76 L. Ed. 2d 66 (1983).
9. In this case, the ALJ made the following findings with regard to the five-step process set forth above: (1) Styslowsky has not engaged in substantial gainful activity since the date of her alleged onset, April 2, 2003, through the date that she was last insured, June 30, 2008 (R. 24);*fn2 (2) Styslowsky has two severe impairments: a back disorder and migraine headaches (id.); (3) Styslowsky does not have an impairment or combination of impairments that meets or medically equals the criteria necessary for finding a disabling impairment under the regulations (id.); (4) Styslowsky retained the residual functional capacity ("RFC") to perform sedentary work as defined in 20 C.F.R. 404.1567(a) (R. 25) and; (5) considering Styslowsky's age, education, work experience, and RFC, there are jobs in significant numbers in the national economy that she could perform (R. 33). Ultimately, the ALJ concluded that Styslowsky was not under a disability as defined by the Act from April 2, 2003 through June 30, 2008, the date she was last insured. (R. 34.)
10. Styslowsky raises two challenges to the ALJ's decision. First, Styslowsky argues that the ALJ erred when she did not properly evaluate the opinion of her treating physician, Eugene J. Gosy, M.D. Second, Styslowsky argues that the ALJ improperly discredited her hearing testimony.
11. On four occasions throughout 2005 and 2006, Dr. Gosy found Styslowsky totally, temporarily disabled from performing any occupation. ALJ Zahm gave Dr. Gosy's opinion "some weight," but found it generally inconsistent with the medical record as a whole. (R. 32.)
12. Under the "treating physician's rule,"*fn3 the ALJ must give controlling weight to a treating physician's opinion when that opinion is "well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence in [the] record." 20 C.F.R. § 404.1527(d)(2); see also Green-Younger v. Barnhart, No. 02-6133, ...